AEB and Shellenberger

Re: NC Journal on Recall
Michael Shellenberger

May 06, 2003 22:13 PDT 


Would somebody be willing to type in, by hand, the editorial about the TS's
treatment of Gallegos? It will be useful for me to send to reporters.
Please, please. If you type fast it shouldn't take more than 10 minutes and
it will make a big difference. I would do it myself but I don't have a copy.
Thanks!

mighty-@asis.com wrote,




The Journal also ran an editorial on the Times Standard treatment of
Gallegos; apparently it's not online. --EK

Declaring war
The bid to recall DA Paul Gallegos has begun
by ANDREW EDWARDS

North Coast Journal
http://www.northcoastjournal.com/050103/news0501.html#anchor336978

It's official. Humboldt County District Attorney Paul Gallegos is the
target of a recall effort.

Last week Rick Brazeau, head of the Arcata-based MTC political
consulting firm (which ran former DA Terry Farmer's re-election bid last
year), served Gallegos with a "Notice of Intention to Circulate a Recall
Petition."

The notice, a kind of a formal declaration of war, lays out reasons the
petitioners believe Gallegos needs to go. As one of the signatories,
Darrol Meyer of Eureka, put it Monday: "I feel that the guy is lax on
crime and this marijuana thing is just inviting people to grow marijuana
and I don't think that's right."

The first two charges assert he's letting criminals go with a slap on
the wrist. The notice states that Gallegos accepted a one-count plea
agreement in a recent Eureka drive-by shooting case, and that he
initially offered probation for the alleged perpetrator of a sexual
assault against a 12-year-old girl until law enforcement criticism
forced him to go for a felony.

That's all hogwash, according to Gallegos.

"I guess I should be happy that their only criticisms are lies,"
Gallegos said, speaking by cellphone Tuesday. "These people are free to
lie, they're not under penalty of perjury, but it's just freakin'
false."

In the driveby case the plea that was accepted carried a 7-year prison
sentence, provided restitution to every victim and prevented the guilty
parties from ever owning a gun again.

"These people are going to prison, there's no getting around that,"
Gallegos said.

In the sexual assault case, the perpetrator, who is also a juvenile, is
being charged as an adult. The route Gallegos initially considered was
allowing him to present evidence to the judge and ask for probation.
Even then, a determination by a psychologist that he was not a danger to
the community would have been necessary, as would passing a polygraph
test on the details of the crime. He also would have been registered as
a sex offender for the rest of his life.

Gallegos said he was offended that the case was even brought up.

"It's just so offensive," he said. "This case involves a young person
who has a right to not have this bandied about in public."

The third reason cited in the recall notice is Gallegos's controversial
marijuana policy.

"That's not a medical issue, that's a permit for commercial
cultivation," said Randy Price, identified as a member of local law
enforcement in a press release put out by the supporters of Gallegos'
ouster.

Brazeau, spokesman for the recall campaign, had not returned multiple
calls to his office as of press time Tuesday afternoon.

Gallegos' policy increases the marijuana a patient is allowed to possess
from 1 pound to 3 pounds, and allows for up to 99 plants, so long as
their canopies fit into a 10x10 area. Gallegos has contended that his
policy conforms perfectly with state law, and that it requires a
doctor's recommendation.

The press release cited other reasons Gallegos should be recalled,
beyond those mentioned in the recall notice itself. They include the
"weak and complex" fraud lawsuit against the Pacific Lumber Co. The
press release also contended that they have yet to uncover a single
criminal defense case Gallegos has won. That final charge set Gallegos
laughing.

"It's because they haven't looked," he said. "There are a superabundance
of cases I've won here and all over California."

The proponents of the recall have 153 days as of May 1 to gather the
signatures of 15 percent of Humboldt County's registered voters, about
11,200 people. After those signatures are verified the Board of
Supervisors has 14 days to schedule an election.

The clock is ticking.


------------------------
Michael Shellenberger, President, Lumina Strategies,
www.luminastrategies.com, phone 510-525-9900, fax 510-288-1325, mobile
415-309-4200